Any suitable person complying with the provisions of this chapter
and Chapter 140 of the General Laws may be licensed to set up and
maintain the business of a pawnbroker within the city. No person shall
set up or maintain a business of a pawnbroker without complying with
such provisions.
(Prior revision § 14-1)
The licensing commission for the city shall have exclusive authority
to grant, suspend or revoke any licenses issued under this chapter.
(Prior revision § 14-2)
Licenses granted under this chapter shall be restricted to one
to each ten thousand residents of the city, or major part thereof,
as of the latest census.
(Prior revision § 14-3)
The fee for a license as a pawnbroker or renewal thereof shall
be as set out in Table I of this revision.
(Prior revision § 14-4 (part); C.O. 83-52 § 75 (part))
Every licensee under the provisions of this chapter shall, at
the time of receiving such license, file with the licensing commission
a bond to the city in the sum of three hundred dollars with two sureties
approved by the licensing commission, and conditioned for the faithful
performance of the duties and obligations pertaining to the business
so licensed.
(Prior revision § 14-5)
The license required by this chapter shall commence on May 1st
and shall expire on April 30th next following, unless sooner revoked.
(Prior revision § 14-6)
Any person who, not being licensed as provided by this chapter,
carries on the business of pawnbroker or is concerned therein within
the city, or being licensed, carries on such business or is concerned
therein in any other place or manner than that designated in the pawnbroker's
license, or after notice to the pawnbroker that his or her license
has been revoked, shall be punished in the manner set forth in Section
75 of Chapter 140 of the General Laws.
(Prior revision § 14-7)
Every pawnbroker shall put in some suitable and conspicuous
place on his or her place of business a sign having his or her name
or business name and occupation legibly inscribed thereon in large
letters.
(Prior revision § 14-8)
The licensing commission for the city may fix the rate of interest
which pawnbrokers may receive on loans and may fix different rates
which may be received for different amounts of money lent. No licensed
pawnbroker shall charge or receive a greater rate of interest than
that so fixed.
(Prior revision § 14-9)
A.
Articles
deposited in pawn with a licensed pawnbroker shall, unless redeemed,
be retained by the pawnbroker on the premises occupied by the pawnbroker
for his or her business for at least four months after the date of
deposit, if not of a perishable nature and if perishable, for at least
one month after such date. After such date, the pawnbroker may sell
the same by public auction, apply the proceeds thereof in satisfaction
of the debt or demand and the expense of the notice and sale, and
pay such surplus to the person entitled thereto on demand; provided,
that after the expiration of the applicable period of time, no such
sale of any article of a nonperishable nature shall be made unless
not less than ten days before the sale a written notice of the intended
sale has been sent by registered mail to the person entitled to the
payment of any surplus, addressed to that person's residence, as appearing
in the records of such pawnbroker.
B.
No article taken in pawn by such pawnbroker exceeding twenty-five dollars in value shall be disposed of otherwise than as provided in subsection A of this section, any agreement or contract between the parties thereto to the contrary notwithstanding.
C.
Articles
of personal apparel shall not be deemed to be of a perishable nature
within the meaning of this section.
(Prior revision § 14-10)
The chief of the police department, the licensing commission
for the city, or any officer authorized by either of them, or a state
police officer, may at any time enter upon the premises used by a
licensed pawnbroker for the purpose of the pawnbroker's business,
to ascertain how the pawnbroker conducts the business, and examine
all articles taken in pawn or kept stored or kept in or upon the premises
and all books and inventories relating thereto. Every such pawnbroker,
the pawnbroker's clerk, agent, servant or other person in charge of
the premises shall exhibit to such officer on demand any or all of
such articles, books and inventories.
(Prior revision § 14-11)
The chief of police of the city, or the chief's duly authorized and qualified subordinate upon orders from the chief of police, shall make an inspection of every pawnshop in the city for the purposes set forth in Section 5.20.110 at least once every forty-five days and report any violations of this chapter or any violation of Chapter 140 of the General Laws pertaining to pawnbrokers to the licensing commission for the city for such action as it may deem necessary and expedient for the public welfare.
(Prior revision § 14-12)
A licensed pawnbroker, clerk, agent or other person in charge of such premises who refuses to admit thereto an officer or any person duly authorized by this chapter to enter the same, or who fails to exhibit to such officer or authorized person on demand all such articles, books and inventories, and any person who wilfully hinders, obstructs or prevents such officer or authorized person from entering the premises for making the examination authorized in Sections 5.20.110 and 5.20.120 shall be punished in such manner as provided by the General Laws or as provided by this chapter, whichever of the two provisions provides the greater punishment to control.
(Prior revision § 14-13)
No person shall engage in or carry on the business of loaning
money upon mortgages, deposits or pledges of wearing apparel, jewelry,
ornaments, household goods or other personal property, or of purchasing
such property on condition of selling it back again at a stipulated
price, unless that person is licensed as a pawnbroker.
(Prior revision § 14-14)
The licensing commission for the city shall establish regulations,
to the satisfaction of the Commissioner of Banks, relative to the
business carried on.
(Prior revision § 14-15)
Every pawnbroker shall keep a book in which, at the time of
making a loan, shall be legibly written in the English language an
account and description, including all distinguishing marks and numbers
of articles pawned, the amount of money loaned thereon, the time of
pawning them, the rate of interest to be paid on such loan, and the
name and residence of the person pawning such articles, and shall
furnish a correct record of such transactions containing all such
information, once a week, or oftener if required, to the licensing
commission or to any person designated by the commission.
(Prior revision § 14-16)
Every pawnbroker shall, at the time of making a loan, deliver to the person who pawns any article a memorandum or note signed by the pawnbroker and containing the substance of the entry required by Section 5.20.160. No charge shall be made or required by any pawnbroker for such entry, memorandum or note.
(Prior revision § 14-17)
